P. v. Hannum
Filed 8/17/06 P. v. Hannum CA3
NOT TO BE PUBLISHED
California Rules of Court, rule 977(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published, except as specified by rule 977(b). This opinion has not been certified for publication or ordered published for purposes of rule 977.
IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA
THIRD APPELLATE DISTRICT
(Yuba)
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| THE PEOPLE, Plaintiff and Respondent, v. SAGE L. HANNUM, Defendant and Appellant. | C052010
(Super. Ct. No. CRF04704)
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Defendant Sage L. Hannum pleaded no contest to sexual battery. (Pen. Code, § 243.4, subd. (a).) The trial court denied probation and sentenced defendant to the upper term of four years in state prison. Defendant appeals.
We appointed counsel to represent defendant on appeal. Counsel filed an opening brief that sets forth the facts of the case and requests this court to review the record and determine whether there are any arguable issues on appeal. (People v. Wende (1979) 25 Cal.3d 436.) Defendant was advised by counsel of the right to file a supplemental brief within 30 days of the date of filing of the opening brief.
Defendant timely filed a supplemental brief with this court. He contends the trial court abused its discretion in denying him probation and in sentencing him to the upper term. We find no abuse of discretion and shall affirm.
FACTUAL BACKGROUND
Defendant was visiting the home of a friend in October of 2004. He and his friend's 13-year-old daughter were watching television in the living room. The daughter fell asleep and while asleep, defendant rubbed her vagina with his hand over her clothing. She woke up and pushed defendant's hand away, and then went to her bedroom and closed the door. Defendant followed her and apologized, then asked her not to tell her father as her father would â€
